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Daily Legislative Brief from March 28, 2019

Legal & Judicial

HB 17 – Relating to Tort Reform

On Thursday, March 28, HB 17 by Representative Tom Leek (R-Daytona Beach) was heard in the House Commerce Committee and was reported favorably with 13 yeas and 7 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Florida currently has the highest tort system costs among U.S. states as a percentage of state GDP, at 3.6%. In 2016, the total amount paid in costs and compensation within Florida's tort system averaged $4,442 for each Florida household. 

A flawed tort system generates exorbitant damages and unpredictability, causing: 

  • Increased economic costs and increased risks of doing business;
  • Higher insurance premiums; 
  • Increased healthcare costs and declining availability of medical services; and 
  • Deterrence of economic development and job creation activities.


HB 17 will now move to the House Judiciary Committee.

AIF supports tort reforms which will dramatically reduce the costs of the tort system in Florida while providing a better business climate in the state.

Proposed Committee Bill JDC 19-01 – Relating to Constitutional Amendments

On Thursday, March 28, PCB JDC 19-01 sponsored and heard by the House Judiciary Committee, was reported favorably with 12 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill changes the process for amending the constitution by citizen initiative by:

  • Requiring that a petition-gatherer:
    • Be a Florida resident and register with the Secretary of State prior to obtaining signatures.
    • Not be paid based on the number of petitions gathered.

  • Requiring the Secretary of State to publish on its website position statements on proposed amendments received from interested persons.

  • Directing the Financial Impact Estimating Conference (FIEC) to:
    • Estimate the amendment's impact on the state and local economy.
    • Complete its analysis and financial impact statement for the ballot within 60 days after receipt of a proposed amendment instead of 45 days.

  • Requiring each county supervisor of elections to include a copy of:
    • The FIEC's financial information summaries in the publication or mailing for sample ballots; and
    • The proposed amendment text in each voting booth.

  • Requiring the ballot summary to include:
    • The name of the initiative's sponsor and the percentage of contributions received by the sponsor from in-state donors;
    • If the amendment will cost money or have an indeterminate impact, a statement that passage of the amendment may result in higher taxes or reduced program funding; and
    • A Supreme Court determination as to whether the proposed policy can be implemented by the Legislature without the need for a constitutional amendment.

  • Directing the Attorney General, when seeking Supreme Court review of an amendment, to ask the Court to:
    • Address whether the proposed policy can be implemented by the Legislature; and
    • Identify any undefined terms in the amendment that will have a substantive impact.

 

AIF supports legislation that adds transparency and accountability to amending the Florida constitution by citizen imitative.